a modesto man is suing three sacramento smoke shops. ben sosenko says the man wasn't warned how sick he could get from using something called a whippet. >> actualone point that we had to and out for clergy. >> reporter: jason says he barely survived. now he uses a walker and at times has trouble speaking. he says it's all because he inhaled nitrous oxide. >> i had had it many times at the dentist's office. >> reporter: he thought the nitrous oxide was safe and is now suing three local smoke shops the places he bought the recreational drug commonly known as whip-it claiming they didn't warn him about the danger. >> the only interaction was which ones were more expensive than others and which ones had are more pure nitrous oxide. >> reporter: his attorney provided us this interview she recorded with the man saying he didn't feel well enough to go on camera with us. she says the lawsuit is the first of its kind in california. a civil suit claiming improper warnings on packaging for nitrous oxide and other designer drugs. and she says the s